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JOINT CIRCULAR No. 08/2004/TTLT-BTM-BTC-BGTVT OF DECEMBER 17, 2004 GUIDING THE PROVISION OF CONTAINER TRANSSHIPMENT SERVICES AT VIETNAMESE SEAPORTS

Pursuant to the May 10, 1997 Commercial Law; the June 29, 2001 Customs Law and the June 30, 1990 Maritime Code of Vietnam;

Based on the Prime Minister’s directing opinions in the Government Office’s Document No. 1163/VPCP-CN of March 15, 2004 on container transshipment services at Vietnamese seaports;

The Trade Ministry, the Finance Ministry and the Transport Ministry hereby jointly guide the provision of container transshipment services at Vietnamese seaports as follows:

I. GENERAL PROVISIONS

1. This Joint Circular only guides the provision of container transshipment services at Vietnamese seaports and applies to seaport enterprises and concerned organizations and individuals.

2. Interpretation of terms:

In this Circular, the following terms are construed as follows:

a/ Container transshipment service means the loading or unloading of containers at requests of carriers by the following modes:

- Unloading of containers carried by transport means from foreign countries to Vietnamese seaports and loading thereof onto other transport means for transport out of the Vietnamese territory.

- Unloading of containers carried by transport means from foreign countries to Vietnamese seaports and bringing thereof into transshipment areas of seaports for preservation for a certain duration, then loading thereof onto transport means for transport out of the Vietnamese territory.

b/ Container transshipment area means an area of a seaport exclusively reserved for the provision of container transshipment services, which is isolated from other areas of the seaport and subject to customs supervision.

c/ Transport means include seagoing ships, aircrafts, trucks, trains and inland waterway transport means.

d/ Transshipped goods mean assorted goods packaged in transshipment containers.

e/ Carriers mean persons who use their own transport means or charter transport means owned by other persons to provide container transport services, or lawful representatives of such subjects.

3. Vietnamese seaport enterprises, which fully satisfy the conditions guided in Section 1, Part II of this Circular, shall all be permitted to provide container transshipment services.

II. CONDITIONS FOR SEAPORTS TO PROVIDE TRANSSHIPMENT SERVICES AND NOTICES ON PROVISION OF CONTAINER TRANSSHIPMENT SERVICES AT SEAPORTS

1. Vietnamese seaport enterprises wishing to provide container transshipment services must fully satisfy the following conditions:

a/ Their seaports are publicized and permitted by competent State agencies to receive domestic and foreign ships entering or leaving for container loading or unloading;

b/ They have sufficient technical infrastructures and can set up container transshipment areas prescribed in Item b, Section 2, Part I of this Circular.

2. At least 15 days before the first day of providing the container transshipment services, seaport enterprises shall have to send to the Trade Ministry, the Finance Ministry (the General Department of Customs), the Transport Ministry and local customs offices written notices on the commencement of provision of container transshipment services at their seaports.

III. TRANSSHIPPED GOODS, THE LOADING, UNLOADING, FORWARDING AND PRESERVATION THEREOF; RESPONSIBILITIES OF SEAPORT ENTERPRISES AND CARRIERS FOR TRANSSHIPPED GOODS

1. Goods transshipped at Vietnamese seaports are goods other than those banned from transshipment prescribed in Section 2 of this Part and already put in containers.

2. Goods banned from transshipment at Vietnamese seaports include:

a/ Assorted weapons, ammunitions, explosive materials and military equipment;

b/ Narcotics of all kinds;

c/ Atomic refuse and toxic chemicals on the list of toxic and hazardous chemicals banned from export and import according to Vietnamese law provisions.

3. Container transshipment notices

a/ Carriers should send written notices (made according to a set form, not printed herein) to seaport enterprises requesting the container transshipment at seaports (hereinafter referred to as transshipment notices)

b/ Transshipment notices mentioned in Item a, Section 3, if being approved by seaport enterprises, shall be regarded as the signed transshipment service contracts.

4. The loading and unloading, forwarding and preservation of transshipment containers at Vietnamese seaports shall comply with Vietnamese law provisions and international practices.

5. On the basis of agreements between carriers and seaport enterprises, goods packed in transshipment containers, after being brought into the container transshipment areas, may be rearranged, repackaged, reinforced, repaired or put in new containers.

6. Carriers take responsibility for the compatibility and accuracy of goods packed in transshipment containers at Vietnamese seaports with those specified in transshipment notices already sent to seaport enterprises.

7. Seaport enterprises shall take responsibility for transshipment containers as from the time the transshipment containers are unloaded from transport means for transportation into container transshipment areas of seaports till the time such transshipment containers are loaded onto transport means for transportation out of the Vietnamese territory.

8. On January 15 every year, seaport enterprises which provide container transshipment services shall have to report in writing on the container transshipment service-providing results of the preceding year (according to a set form, not printed herein) to the Trade Ministry, the Finance Ministry (the General Department of Customs) and the Transport Ministry.

IV. CUSTOMS PROCEDURES FOR GOODS PACKED IN TRANSSHIPMENT CONTAINERS

1. Transshipped goods stated in transshipment notices already approved by seaport enterprises, when being brought into container transshipment areas of seaports or transported from container transshipment areas of seaports for loading onto transport means for transportation out of the Vietnamese territory, shall be exempt from actual inspection, except where there appear signs of violating Vietnamese law provisions.

2. The carriers shall have to submit to the border-gate customs sub-departments one transshipment notice already approved by the seaport enterprises (as substitute for customs declaration). Such a transshipment notice may be sent through computer networks, if any.

3. Goods transshipped at Vietnamese seaports are not subject to export tax, import tax and other taxes on export and import goods. In cases where goods transshipped at Vietnamese seaports need to be imported into Vietnam, the current law provisions on export goods and import goods must be complied with.

4. Transshipment containers, from the time they are unloaded from transport means for transportation into seaports’ transshipment areas for preservation till the time they are loaded onto other transport means for transportation out of the Vietnamese territory, must be subject to supervision by customs offices.

In cases where containers are transshipped through the Vietnamese territory, the customs procedures shall be carried out as for transit goods.

5. Transshipment containers may be carried from seaports’ container transshipment areas to other customs areas within the same seaports but such must be permitted and supervised by customs offices.

V. HANDLING OF TRANSSHIPPED GOODS WHICH ARE BROKEN OR DAMAGED AND CASES WHERE TRANSPORT MEANS DO NOT COME TO RECEIVE GOODS

1. In the course of loading, unloading, forwarding and preservation at seaports, if transshipment containers fall, are broken, damaged or when containers’ lead seals are no longer intact, seaport enterprises shall negotiate with carriers on handling measures in compliance with Vietnamese law provisions and international practices.

2. In cases where transshipment containers fall, are broken or damaged and when requested by owners or their lawful representatives, the goods packed in such transshipment containers shall be sold, donated or destroyed in Vietnam according to Vietnamese law provisions on export goods and import goods.

3. In cases where transport means do not come to receive transshipment containers within the time limits already agreed upon, seaport enterprises shall have to notify such in writing to carriers and have the right to handle such transshipped goods according to Vietnamese law provisions on unclaimed goods if 90 (ninety) days after sending such written notices they receive no replies. In case of perishable goods which are likely to cause environmental pollution, they shall report such to competent authorities for permission to handle them at an earlier time.

VI. PAYMENT OF TRANSSHIPMENT SERVICE CHARGES AND HANDLING OF VIOLATIONS

1. Carriers shall have to pay container transshipment service charges and related expenses as agreed upon between the carriers and the seaport enterprises.

2. Organizations and individuals that commit acts of violating this Joint Circular shall, depending on the seriousness of their violations, be administratively sanctioned. Individuals who commit serious acts of law violation shall be examined for penal liability. If damage is caused, compensations therefor must be paid according to law provisions.

3. This Joint Circular takes effect 15 days after its publication in the Official Gazette and replaces the Trade Minister’s Decision No. 815/2001/QD-BTM of August 1, 2001 and the General Customs Director’s Decision No. 770/2001/QD-TCHQ of August 21, 2001.

For the Trade Minister

Vice Minister
TRAN DUC MINH

For the Finance Minister

Vice Minister
TRUONG CHI TRUNG

For the Transport Minister

Vice Minister
NGUYEN TIEN SAM